A Good Offence Is Not Always the Best Defence: Critiquing the Standards of Protection under the 2015 Indian Model BIT - Business Law Review View A Good Offence Is Not Always the Best Defence: Critiquing the Standards of Protection under the 2015 Indian Model BIT by Ajay Kr. Sharma - Business Law Review A Good Offence Is Not Always the Best Defence: Critiquing the Standards of Protection under the 2015 Indian Model BIT Ajay Kr. Sharma 36 5

This article indulges in a laconic critique of the newly introduced 2015 Indian Model BIT, focussing on certain standards of protection offered to the investors. Comparisons are drawn with its predecessor viz., the 2004 Model BIPA. This paper emphatically argues, that in the present atypical form the Model BIT is pragmatically inefficacious, and lopsided, as it only inaptly and parochially expresses India’s current apprehensions as a host contracting state. It needs to be even-keeled, protecting Indian investors as well, in order to be acceptable in the future to other countries. Otherwise, the author suggests, that it is better to discontinue India’s BIT Program, rather than have a hypocritical approach to it.  

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